O 


I 


I  k 


>- 


,    .  GIFT  or 


ll\nxttx 
hi  il^t 
Cttg  of 
nRtcljmonb 


CHARTER 

OF  THE 

City  of  Richmond 


ASSEMBLY     CONCURRENT     RESOLUTION 
No.     11 

Adopted   in   Assembly,   February   11,   1909 
Adopted    in    Senate,    February    25,    1909 


CHAPTETR     XVIII 

Assembly  concurrent  resolution  No.  11,  approv- 
ing the  charter  of  the  City  of  Richmond, 
State  of  California,  voted  for  and  ratified  by 
the  qualified  voters  of  said  city  at  a  special 
municipal  election  held  therein  for  that  pur- 
pose  on  the  9th   day  of   February,    1909. 

Whereas,  The  City  of  Richmond,  a  municipal 
corporation  of  the  County  of  Contra  Costa, 
State  of  California,  now  is  and  was  at  all  times 
herein  referred  to  a  city  containing  a  population 
of  more  than  three  thousand  five  hundred  (3,500) 
but  less  than  ten  thousand  (10,000)  inhabitants, 
and 

Whereas,  At  a  special  election  duly  held  in 
said  city  on  the  12th  day  of  October,  1908,  under 
and  in  accordance  with  law  and  the  provisions 
of  section  S  of  article  XI  of  the  Constitution  of 
the  State  of  California,  a  board  of  fifteen  free- 
holders, duly  qualified,  was  elected  in  and  by 
said  city  and  by  the  qualified  electors  thereof 
to  prepare  and  propose  a  charter  for  the  gov- 
ernment of  said  city;    and 

Whereas,  Said  board  of  freeholders  did,  with- 
in  ninety    (90)    days   after  said   election,   prepare 


4;i/o049 


im 


and  pro pp§ e  ,ar. charter,  for  ^.tlfev government  of 
said    Qity:  ;q^:  '^(ihpioha  •  ^  [a^n^  . .  »* 

Whereas,"  Sai^  charter 'was  on  the  23rd  day 
of  December,  19C8,  signed  in  duplicate  by  the 
members  of  said  board  of  freeholders  and  was 
thereupon  duly  returned  and  filed,  one  copy 
with  the  president  of  the  board  of  trustees  of 
said  City  of  Richmond,  and  the  other  copy  with 
the  county  recorder  of  the  said  County  of  Con- 
tra Ccsta  and  filed  in  the  office  of  the  said 
county    recorder;    and 

Whereas,  Said  proposed  charter  was  there- 
after published  in  the  ''Richmond  Record,"  being 
a  daily  newspaper  of  general  circulation,  printed 
and  published  in  said  City  of  Richmond,  and  the 
said  charter  being  published  as  aforesaid  for  i 
period  of  more  than  twenty  (20)  days,  the  first 
publication  thereof  being  m.ade  within  twenty 
(20)  days  after  the  completion  of  said  charter; 
and 

Whereas.  Said  proposed  charter  was  within 
thirty  f.SO)  days  after  the  completion  of  said 
publication  submitted  by  the  board  of  trustees 
of  the  City  of  Richmond  to  the  qualified  electors 
cf  said  City  of  Ricbmond  at  a  soecial  election, 
previously  duly  called  and  thp^-ein  held  on  the 
9th  day  of  February,  1909;    and 

Whereas.  At  said  last  menti'^ned  sr»ecial  elec- 
tion a  ma.loritv  of  said  ouaMfied  electors  of 
said  City  of  Richmond,  votine  at  said  sDeci?>l 
election,  voted  in  favor  of  and  duly  ratified  said 
charter  as  proposed  as  a  whole;   and 

Whereas.  Said  board  of  trustees,  after  can- 
vassing said  returns,  duly  found  and  declared 
that  the  majority  of  said  Qualified  electors  voting 
at  said  special  election  had  voted  for  and  rati- 
fied said  charter  as  above  specified;    and 

Whereas,  The  same  is  now  submitted  to  the 
legislature  of  the  State  of  California  for  its  ap- 
proval or  rejection  as  a  whole  without  power  of 
alteration  or  amendment,  in  accordance  with 
the  provisions  of  section  8  of  article  XI  of  the 
Constitution  of  the  State  of  California;   and 

Whereas,  Said  charter  so  ratified  is  in  the 
words  and  figures  following,  to-wit: 


OJItarter  oi  i\]t  Otg  of  5^tcI}mo^^ 


Prepared  and  proposed  by  the  board  of  free- 
holders, elected  October  12th,  1908,  in  pur- 
suance of  the  provisions  of  Section  8,  Article 
XI  of  the  Constitution  of  the  State  of  Cali- 
fornia. 

Contents 

Article  1 — Boundaries. 
Article  2 — Powers 
Article  3 — The    Council. 
Article  4 — Duties  of  Officers. 
Article  5 — Elections. 
Article  6 — School  Department. 
Article  7 — Police    Court. 

Article  8 — The   Recall,    Initiative    and    Referen- 
dum. 
Article  9 — Miscellaneous. 
Article  10 — Charter    to    take    effect,    certificate. 

ARTICLE     I 

Boundaries   of  the    City  '' 

Section  1.  The  municipal  corporation  now  ex- 
isting and  organized  under  the  general  laws  of 
the  State  of  California  as  a  municipal  corporation 
of  the  sixth  class,  and  known  as  the  City  of 
Richmond,  shall  continue  to  be  a  body  corporate 
and  politic  under  the  name  of  the  City  cf  Rich- 
mond, and  shall  be  a  continuation  of  said  City 
of  Richmond,  and  continue  to  hold  and  enjoy 
all  of  the  rights,  privileges  and  property  now 
vested  in  said  city,  and  all  ordinances  of  said 
city  not  in  conflict  with  this  charter  shall  be 
continued  in  force  until  amended  or  repealed; 
and  all  proceedings  providing  for  any  public  im- 
provement pending  and  incompleted  shall  be 
continued  in  accordance  with  the  law  under 
which  such   proceedings  were  commenced. 


Sec.  2.  The  territory  of  the  City  of  Richmond 
shall  be  all  that  which  is  embraced  within  ths 
following   boundaries,    to- wit: 

Beginning  at  the  point  where  the  westerly 
boundary  of  said  Contra  Costa  County  intersects 
the  line  between  Townships  One  (1)  and  Two 
(2)  North,  Mount  Diablo  Base;  and  thence  run- 
ning east  to  the  southeast  corner  of  Lot  Twenty- 
eight  (28)  of  Section  Thirty-five  (35)  of  Town- 
ship Two  (2)  North,  Range  Five  (5)  West, 
M.  D.  B.  &  M.;  thence  south  parallel  with  the 
west  line  of  Section  Two  (2)  of  Township  One 
(1)  North  of  Range  Five  (5)  West,  M.  D.  B.  (fe 
M.  to  a  point  due  west  of  the  southwest  corner 
of  Lot  Eighty-five  (85)  of  the  San  Pablo  Rancho 
as  shown  on  the  map  accompanying  the  Final 
Decree  of  Partition  of  said  Rancho;  thence  east 
to  a  point  One  Hundred  and  Seventy  (170)  feet 
east  of  the  center  line  of  Road  Fourteen  (14) 
as  shown  on  said  map;  thence  south  to  the  south- 
erly boundary  of  said  Contra  Costa  County; 
thence  following  the  boundary  line  of  said 
Contra  Costa  County  westerly  and  northerly  to 
the    place    of   beginning. 

Sec.  3.  The  boundaries  above  described  may 
be  altered  and  the  territory  embraced  therein 
may  be  added  to  or  diminished  in  accordance 
with  the  laws  of  the  State  of  California  govern- 
ing the  annexation  and  exclusion  of  territory  by 
municipalities. 

ARTICLE   II 
Powers 

Section  1.  The  City  of  Richmond  shall  have 
and  exercise  the  following  powers: 

1.  To  have   perpetual   succession. 

2.  To  have  and  use  a  corporate  seal  and  alter 
it  at  pleasure. 

3.  To  sue  and  be  sued  in  all  courts  and 
places,  and  in  all  actions  and  proceedings  what- 
soever. 

4.  To  purchase,  receive,  have,  take,  hold, 
lease,  use  and  enjoy  property  of  every  kind  and 
description,  both  within  and  without  the  limits 
of  said  city,  proper  for  municipal  purposes,  and 


to  control  and  dispose  of  the  same  for  the  puhlic 
benefit. 

5.  To  receive  bequests,  devises  and  donations 
cf  property  of  every  kind,  either  absolutely  or 
in  trust  for  any  purpose,  and  to  do  acts  neces- 
Fary  to  carry  out  the  purposes  of  such  bequests, 
devises  and  donations,  and  to  manage,  control, 
sell  or  otherwise  dispose  of  such  property  in 
accordance  with  the  terms  of  such  bequests,  de- 
vises or  donations. 

6.  To  exercise  police  powers  and  make  all 
necessary  police  and  sanitary  regulations,  and 
to  adopt  ordinances  and  prescribe  penalties  for 
the  violation  thereof. 

7.  To  levy  and  collect  taxes  and  assessments, 
impose  license  fees  for  revenue  or  regulation, 
and  provide  all  means  for  raising  the  revenue 
necessary   for  the   city. 

8.  To  borrow  money,  incur  municipal  indebted- 
ness and  provide  for  the  issuance  of  bonds  or 
other  evidences  of  such  indebtedness  for  any 
purpose  authorized  by  the  electors  voting  on 
the  proposition  to  incur  such  indebtedness;  to 
invest  the  proceeds  arising  from  the  sale  of 
bonds  in  street  improvement  bonds  issued  under 
any  act  of  the  legislature. 

9.  To  construct,  maintain  and  operate  all 
necessary  works  for  the  supplying  of  the  city 
and  its  inhabitants  with  water,  lieht,  heat  and 
power,  and  to  dispose  of  commodities  produced 
or  render  service  in  connection  with  such  works 
outside  of  the  boundaries  of  said  city. 

10.  To  control  the  bays,  inlets  and  channels 
flowing  through  the  city  or  adjoining  the  same, 
to  widen,  straighten  and  deepen  the  same  where 
such  work  is  necessary  for  the  purposes  of  sani- 
tation, drainage  or  removal  of  sewage;  to  fill 
the  same  when  they  are  obstructions  to  pro- 
posed streets  or  roads;  to  control  and  improve 
the  water  front  of  the  city  and  to  maintain  em- 
bankments and  other  works  necessary  to  protect 
the  city  from  overflow;  to  construct  and  main- 
tain wharves,  chutes,  piers  and  breakwaters 
within  the  limits  of  the  city. 

11.  To  establish  and  change  the  grade  and 
lay  out,  open,  extend,  widen,  change,  vacate, 
pave,    re-pave    or    otherwise    improve    all    publio 


streets  and  highways  and  public  places,  construct 
sewers,  drains,  bridges,  conduits,  culverts  and 
subways  thereon  or  thereunder,  to  plant  trees, 
construct  parking,  and  to  remove  weeds;  to  levy 
special  assessments  to  defray  the  whole  or  any 
part  of  the  cost  of  such  works  or  improvements. 
Also  to  provide  for  the  repair,  cleaning  and 
sprinkling  of  such  streets  and  public  places. 

12.  To  construct  and  maintain  all  works  neces- 
sary for  the  disposition  of  the  sewage,  garbage 
and  waste  within  the  city,  and  to  define  and 
abate    nuisances. 

13.  To  establish  and  maintain  hospitals,  in- 
digent homes  and  all  other  charitable  institu- 
tions. 

14.  To  acquire  and  maintain  parks,  play- 
grounds   and   places   for   recreation. 

15.  To  acquire  and  maintain  markets,  baths 
and    public    halls. 

16.  To  establish  and  maintain  schools,  libra- 
ries, museums,  gymnasiums,  and  to  do  all  things 
to   promote   the   education   of   the   people. 

17.  To  equip  and  maintain  a  fire  department 
and  to  make  all  necessary  regulations  for  the 
prevention    of    fires. 

18.  To  acquire,  construct  and  maintain  all 
buildings  necessary  for  the  transaction  of  pub- 
lic   business. 

19.  To  exercise  the  right  of  eminent  domain 
for  the  purpose  of  acquiring  real  and  personal 
property    of    every    kind    for    any    public    use. 

20.  To  grant  franchises  to  use  the  streets  or 
public  property,  and  impose  conditions  in  con- 
nection   therewith. 

21.  To  exercise  any  power  conferred  upon 
municipalities  by  the  constitution  and  laws  of 
the  state  to  fix  and  establish  rates  to  be  charged 
by  any  corporation  for  any  public  service  and  to 
regulate  the   quality  of  such   service. 

22.  To  exercise  such  other  powers  as  may 
be  hereafter  granted  by  the  legislature  to  mu- 
nicipalities   within   the    state. 

23.  To  exercise  all  other  needful  powers  for 
the  efficient  administration  of  the  municipal 
government,  whether  such  powers  are  herein 
expressly   enumerated   or   not. 

24.  Lastly,   this   grant  of  power^.|s  to'.Vbe   Ub- 


erally  construed  for  the  purposes  of  securing 
the  well  being  of  the  municipality  and  its  in- 
habitants. 

ARTICLE    III 
The    Council 

Section  1.  All  powers  herein  granted  to  and 
vested  in  the  City  of  Richmond,  shall,  except 
as  herein  otherwise  provided,  be  exercised  by 
a  council  to  be  designated  the  Council  of  the 
City  of  Richmond;  and  said  Council  shall,  except 
as  herein  otherwise  provided,  have  the  power  to 
fix  and  establish  the  method  and  manner  in 
which    such    powers    shall    be    exercised. 

Sec.  2.  Said  Council  shall  be  composed  of 
nine  members,  each  of  whom  shall  have  been 
an  elector  of  the  City  of  Richmond  for  at  least 
one   year   next   preceding   his    election. 

The  members  of  said  Council  shall  be  known 
as  councilm.en,  and  their  terms  of  office  shall 
be  six  years  commencing  on  the  first  day  of 
July  next  succeeding  their  election,  except  that 
the  terms  of  those  first  elected  to  serve  as 
councilmen    shall    be   as    herein    provided. 

Sec.  3.  On  the  second  Monday  of  May,  1909, 
an'  election  shall  be  held  within  said  city  for 
the  purpose  of  electing  nine  mem.bers  of  said 
Council. 

The  nine  members  elected  at  such-  election 
F,hall,  at  the  first  regular  meeting  in  July,  1909, 
so  classify  themselves  by  lot  that  three  of  said 
niembers  shall  hold  office  for  the  term  of  two 
years,  three  for  the  term  of  four  years,  and 
three  for  term  of  six  years. 
'  Thereafter,  on  the  second  Monday  in  May, 
of  each  odd-numbered  year,  an  election  shall  be 
held  at  which  the  three  councilmen  shall  be 
elected  to  succeed  the  three  members  whose 
terms  expire  on  the  first  day  of  July  next  fol- 
lowing; also  to  elect  a  member  for  any  un- 
expired   term   that   may   exist. 

The  electors,  in  form  and  manner  prescribed 
in  section  two  of  article  VIII,  may  by  ordinance 
provide  for  the  division  of  the  city  into  dis- 
tricts or  wards  and  require  that  one  council- 
m.an  to   be   elected   at   each   election   shall   be   a 


resident  of  each  ward  at  the  time  of  his  elec- 
tion; provided  that  all  councilmen  shall  be 
voted   for  at  large. 

Sec.  4.  The  councilmen  shall  each  receive  the 
sum  of  five  dollars  for  each  day  while  sitting 
as  a  Board  of  Equalization;  but  no  other  com- 
pensation shall  be  paid  unless  the  electors,  by 
ordinance  proposed  and  adopted  in  accordance 
with  section  two  of  article  VIII,  shall  otherwise 
provide. 

Sec.  5.  Said  Council  shall  fix  the  time  and 
place  for  its  regular  meetings  and  adopt  rules 
to    govern    its    proceedings. 

Sec.  6.  Five  members  of  the  Council  shall  be 
necessary  to  constitute  a  quorum  for  the  trans- 
action of  business;  but  a  less  number  may  ad- 
journ from  time  to  time  and  compel  the  attend- 
ance of  absent  members,  and  impose  such 
fines  as  it  may  deem  proper  upon  members  re- 
fusing or  neglecting  to   attend   such  meetings. 

Sec.  7.  No  ordinance  shall  be  passed,  no 
officer  appointed  or  removed,  no  contract  shall 
be  awarded  and  no  obligation  incurred  by  the 
city  in  excess  of  three  hundred  dollars  without 
the  affirmative  vote  of  at  least  five  members 
of    the    Council. 

Sec.  8.  Said  Council  shall  elect  one  of  its 
number  as  its  presiding  officer,  who  shall  be 
known  as  Mayor,  to  serve  for  one  year  after 
his  election.  In  the  absence  or  disability  of  the 
Mayor,   a   Mayor   pro-tem   shall   be   elected. 

The  said  Mayor  shall  preside  at  all  meetings 
of  the  Council,  shall  be  the  Chief  Executive  of 
said  city,  and  as  such  shall  sign  all  contracts 
on  behalf  of  the  city,  and  perform  such  other 
duties  as  may  from  time  to  time  be  assigned  to 
him  by  the  Council.  In  all  other  respects  he 
shall  perform  the  same  duties  as  any  other 
member  of   the   Council. 

Sec.  9.  The  Council  shall  appoint  or  provide 
for  the  appointment  of  a  Clerk,  Treasurer,  Audi- 
tor, Tax  Collector,  Assessor,  Attorney,  Engineer, 
Chief  of  Police,  and  except  as  otherwise  pro- 
vided, such  other  officers,  boards  or  commissions, 
as  may  be  necessary  for  the  transaction  of  the 
affairs  of  the  municipality.  It  shall  also  ap- 
point  a   Commissioner  of  Health   and   City   Phy- 

8 


sician,    each    of    whom    shall    be    a    physician    li- 
censed  to   practice   medicine. 

Sec.  10.  A  vacancy  in  the  Council  shall  be 
filled  by  a  majority  of  the  remaining  members. 
Such  appointees  shall  hold  office  until  the  first' 
day  of  July  succeeding  the  next  election  at 
which  councilm_en  are  to  be  elected.  At  the 
next  election  succeeding  any  vacancy  a  council- 
man shall  be  elected  to  serve  for  the  unexpired 
term.. 

Sec.  11.  The  Council  shall  by  ordinance  pro- 
vide for  the  assessment,  levy  and  collection  of 
taxes,  and  shall  act  as  a  Board  of  Equalization 
in  equalizing  the  value  of  property  listed  upon 
the  assessment  roll.  During  the  month  of 
September  in  each  year,  it  shall  levy  such  tax 
as  may  be  necessary  to  raise  revenue  for  the 
maintenance  of  the  city  and  the  several  depart- 
m.ents  during  the  fiscal  year,  but  such  tax  levy 
for  all  municipal  purposes  except  the  payment  of 
interest  and  principal  on  any  bended  debt  and 
in  support  of  the  public  schools,  shall  not  ex- 
ceed the  sum  of  sixty  cents  upon  each  $100.00 
of  assessed  valuation  as  the  same  appears  upon 
the  assessm-ent  roll.  If  in  the  judgment  of  the 
Council  it  should  be  necessary  to  provide  a 
revenue  in  excess  of  the  sum  realized  from  the 
levy  herein  provided,  the  question  of  the  levy 
of  an  additional  tax  shall  be  submitted  to  the 
electors  and  a  special  election  m.ay  be  held  for 
that  purpose.  The  additional  sum  or  rate  re- 
quired to  be  raised  by  such  additional  tax  levy 
shall  be  expressed  upon  the  ballot.  If  a  ma- 
jority of  the  votes  cast  upon  such  proposition 
shall  be  in  favor  of  authorizing  the  Council  to 
levy  such  additional  rate,  then  the  Council  may 
levy   the   additional    tax    so    authorized. 

ARTICLE     IV 

Duties    of    Officers 

Section  1.  Clerk. — It  shall  be  the  duty  of  the 
Clerk  to  keep  a  true  record  of  the  proceedings 
of  the  Council  and  record  the  same  in  proper 
books  kept  for  that  purpose.  He  shall  have 
power  to  administer  oaths  in  connection  with 
all    matters    relating    to    the    municipality. 


Sec.  2.  Auditor. — It  shall  be  the  duty  of  the 
Auditor  to  act  as  bookkeeper  and  accountant  of 
the  municipality  and  shall  record  all  financial 
transactions  in  books  kept  for  that  purpose.  He 
shall  draw  warrants  upon  the  City  Treasurer 
for  all  claims  against  the  city  which  have  been 
allowed  by  the  Council.  He  shall  render  each 
month  a  statement  to  the  Council  showing  the 
financial  condition  of  the  city,  and  annually  a 
like  statement  covering  all  of  the  financial 
transactions  of  the  city  during  the  year  pre- 
vious. 

Sec.  3.  Tax  Collector.— It  shall  be  the  duty  of 
the  Tax  Collector  to  receive  and  collect  all 
moneys  due  the  city  for  taxes  and  licenses  and 
from  other  sources,  and  shall  pay  all  moneys 
received  into  the  treasury  of  the  city,  within 
twenty-four   hours   after    the   receipt   thereof. 

Sec.  4.  Treasurer. — The  Treasurer  shall  re- 
ceive and  safely  keep  all  moneys  belonging  to 
the  city  and  shall  pay  the  same  only  upon  war- 
rants drawn  by  the  auditor  for  claims  which 
have  been  previously  allowed  by  the  Council  or 
Board  of  Education,  provided  that  the  approval 
of  the  Council  shall  not  be  necessary  to  pay 
the  monthly  salaries  of  employees.  The  Treas- 
urer may  deposit  all  or  such  portion  of  the 
public  moneys  as  may  be  determined  by  the 
Council,  in  any  bank  authorized  by  law  to  re- 
ceive deposits  of  public  money,  in  accordance 
with  the  provisions  of  the  Constitution  and  Act 
of  the  Legislature  entitled:  "An  Act  to  Provide 
for  and  Regulate  the  Deposit  of  County  and 
Municipal  Moneys  in  Banks  and  Banking  Cor- 
porations, Limiting  the  Amount  of  Public 
Moneys  that  may  be  Deposited  therein  and  Pro- 
viding a  Penalty  for  the  Illegal  Deposit  and  Use 
thereof."  (Approved  March  23,  1907.)  And  the 
provisions  of  such  act  are  hereby  made  ap- 
plicable to  the  government  of  the  City  of  Rich- 
mond. 

Sec.  5.  Assessor. — It  shall  be  the  duty  of  the 
Assessor  to  make  annually,  a  complete  assess- 
ment of  all  property  liable  for  taxation  within 
the  city  between  the  first  Monday  of  March  and 
the  first  Monday  of  July  next  succeeding,  and 
shall    upon   said   last   named    date    turn    over   to 

10 


the  City  Council  the  assessment  roll  so  prepared 
by  him.  He  shall  act  as  Tax  Collector  for  the 
purpose  of  collecting  taxes  upon  personal  prop- 
er'^^y  when  the  same  are  unsecured  by  lien  upon 
real    estate. 

Sec.  6.  Attorney.-^The  Attorney  shall  act  as 
the  legal  adviser  cf  the  Council  and  any  officer 
of  the  city  who  requests  his  advice.  He  shall 
prepare  all  ordinances  and  contracts  whenever 
reouired  so  to  do  by  the  Council.  He  shall 
prosecute  all  violatorr  of  the  city  ordinances 
and  shall  represent  the  city  in  all   actions. 

S'^^c.  7.  Engineer. — The  City  Engineer  shall 
advise  the  Council  unon  all  matters  of  an  en- 
gineering nature.  He  shall  also  be  ex-officio 
Superintendent    of    Streets. 

Sf»c.  8.  Chief  of  Police.— The  Chief  of  Police 
shaH  be  the  head  of  the  police  department  and 
shall  perform  such  duties  as  the  Council  may 
imi^ose. 

Sec.  9.  Commissioner  of  Health. — The  Com- 
missioner of  Health  shall  have  and  exercise  a 
general  supervision  over  the  sanitary  condition 
of  the  city  and  shall  issue  all  orders  and  direc- 
tions for  the  enforcement  of  all  sanitary  laws 
and  regulations;  he  shall  enforce  all  laws  of 
thp  state  and  ordinances  of  the  city,  and  all 
rules  and  regulations  of  the  Department  of 
Health  in  relation  to  the  sanitary  matters;  to 
m.ake  or  cause  to  be  made  frequent  analyses  and 
examinations  of  milk  and  cream,  meat,  water 
and  food  stuffs  and  keep  a  record  of  the  same 
and  cause  all  nuisances  to  be  abated  with  rea- 
sonable promptner?,  and  in  the  performance  of 
his  duties  shall  be  permitted  at  all  times  to 
enter  any  house,  store,  stable  or  building,  may 
cause  floors  to  be  raised  if  necessary,  and  make 
thorough  examination  of  cellars,  vaults,  sinks 
and  drains;  he  shall  impose  such  restrictions 
upon  and  exercise  supervision  of  all  persons  ex- 
posed to,  afflicted  or  sick  with  small-pox,  scarlet 
fever  or  any  contagious  or  epidemic  disease  as 
shall  be  necessary  to  protect  from  such  disease 
all  persons  not  of  necessity  connected  with  any 
person  so  exposed,  afflicted  or  sick;  he  shall 
have  power  to  cause  any  house  or  premises  to 
be  cleaned,  disinfected  or  closed  to  visitors  and 

11 


prohibit  persons  from  resorting  thereto  while 
fc-uch  house  is  under  quarantine;  he  may,  by  an 
order  in  writing,  direct  any  nuisance  to  be 
abated,  or  unwholesome  matter  or  substance, 
ant  or  fiUh  to  De  removed  from  any  house  or 
premises  and  to  take  any  other  measures  he  may 
deem  necessary  to  prevent  the  spread  of  any 
disease;  with  the  approval  of  the  Council  he 
fchall  have  power  to  make  such  rules  and  regu- 
lations for  the  prevention  and  suppression  of 
disease  he  may  deem  necessary;  he  shall  ap- 
point such  inspectors  and  other  employees  as 
may  be  necessary,  subject  to  the  approval  of  the 
Council,  and  shall  fix  their  ducies;  he  shall  have 
the  power  to  remove  or  discharge  any  person  so 
appointed. 

ihe  Commissioner  of  Health  and  such  depu- 
ties, inspectors  and  employees  as  may  be  des- 
ignated by  him  shall  have  the  powers  of  a  police 
officer  and  may  arrest,  or  cause  to  be  arrested, 
any    person    violating   any    sanitary    law. 

The  Commissioner  of  Health  shall  annually  on 
the  first  day  of  July,  send  to  the  Council  a 
statement  of  the  amount  of  work  performed  by 
his  department  during  the  preceding  year,  to- 
gether with  such  other  information  and  sugges- 
tions as  he  may  deem  proper  to  submit;  he  shall 
publish  from  time  to  time  such  statistics  and 
information  relating  to  the  health  of  the  com- 
munity or  methods  of  preventing  or  curing  dis- 
ease as  he  shall  deem  proper  to  publish;  he 
shall  also  transmit  to  the  Council  prior  to  the 
fixing  of  the  tax  levy  an  estimate  in  detail  of 
the  cost  of  providing  for  and  maintaining  his 
department    during    the    current    fiscal    year. 

Sec.  10.  City  Physician. — The  City  Physician 
shall  properly  care  for  the  indigent  poor  not 
otherwise  provided  with  medical  attendance; 
when  directed  by  the  Chief  of  Police  or  any 
police  officer  having  charge  thereof,  he  shall 
visit  any  police  station  and  examine  and  make 
provision  for  the  care  of  all  persons  there  found 
to  be  sick,  injured  or  insane,  and  report  the 
result  of  such  examination  to  the  person  di- 
recting such  examination;  he  may  at  any  time, 
and  when  required  so  to  do  by  the  Board  of 
Education,    make    physical    examination    of    the 

12 


pupils  of  the  public  schools  and  make  report  of 
such  examination.  He  shall  transmit  to  the 
Council  on  the  first  day  of  each  month  a  detailed 
report  of  the  duties  performed  by  him  during 
the  preceding  month,  and  for  the  purpose  of 
making  such  report  shall  keep  a  record  of  all 
duties  performed;  he  shall  annually  prior  to 
the  fixing  of  the  annual  tax  levy  send  to  the 
Council  a  statement  of  the  expenses  of  his 
office  for  the  past  year,  together  with  an  esti- 
mate in  detail  of  the  appropriations  required  for 
the  maintenance  of  his  office  during  the  current 
fiscal   year. 

Sec.  11.  The  Council  may  require  any  or  all 
of  the  above  officers  to  give  official  bonds  in 
such  sums  as  it  may  deem  proper,  and  the 
city  shall  pay  all  premiums  upon  surety  bonds 
when  such  bonds  are  given.  It  may  provide  for 
the  appointment  of  such  deputies  and  assistants 
as  may  be  required,  and  shall  fix  the  compensa- 
tion of  all  officers  and  such  deputies  and  as- 
sistants. All  of  the  above  officers  shall  per- 
form such  other  services  as  the  Council  may 
require   and    serve    during   its    plearure. 

Sec.  12.  Any  officer  having  charge  of  any  de- 
partment of  the  city  government  shall,  sub j set 
to  the  approval  of  the  Council,  appoint  his  sub- 
ordinate officers  or  employees  at  such  compensa- 
tion  as   shall   be   determined   by   the   Council. 

Sec.  13.  The  term  of  all  officers  appointed  by 
the  Council  shall  be  at  the  pleasure  of  the  ap- 
pointing power,  but  shall  not  exceed  two  years 
ending  on  June  30th,  1910,  and  each  even  num- 
bered year  thereafter.  All  officers  shall  s-erve 
until  their  successors  are  appointed  and  quali- 
fied. 

Sec.  14.  Whenever  the  public  interest  may 
require,  the  Council  miay  consolidate  any  of  the 
offices   provided   for   in   this   article. 

ARTICLE    V 

Elections 

Section  1.  All  elections  for  Councilmen  shall 
be  held  in  accordance  with  the  general  laws  of 
the  state  governing  elections  within  municipali- 
ties   unless   otherwise    provided    by    this    charter 

13 


or  by  ordiuance  of  the  Council;  and  elections  for 
members  of  the  Board  of  Education  shall  be  held 
m  accordance  with  the  general  laws  of  the 
slate  governing  the  election  of  trustees  of 
school  districts,  unless  otherwise  provided  by 
this  charter  or  by  an  order  of  the  Board  of 
Education. 

Sec.  2.  Nominations  for  Councilmen  and  mem- 
bers of  the  Board  of  Education  shall  be  made  as 
herein  provided. 

ISec.  6.  A  petition  shall  be  filed  in  the  office 
of  the  Clerk  for  the  nomination  of  Councilmen, 
or  with  the  Clerk  of  the  Board  of  Education  for 
the  nomination  of  members  of  said  Board,  at 
least  twenty-five  days  prior  to  the  day  fixed  for 
the  election  of  the  same,  asking  that  the  per- 
son named  therein  be  a  candidate  for  the  office 

of  — —    (naming   it)    and   giving   the 

residence  of  said  person  within  the  City  of  Rich- 
mond. Such  petition  shall  be  signed  by  quali- 
fied and  registered  voters  equal  in  number  to  at 
leasi  three  per  centum  of  the  votes  cast  at  the 
preceding  election  for  officers  for  which  the ' 
nomination  is  asked.  The  requirements  as  to 
signatures  (other  than  the  number  thereof),  the 
verification  of  the  petition  and  certification  there- 
of provided  in  Section  1  of  Article  VIII  for  pe- 
titions for  recall,  shall  apply  to  petitions  for  nonj- 
inations  for  public  office. 

Sec.  4.  If  petitions  asking  for  nominations  to 
the  number  of  more  than  twice  the  number  of 
officers  to  be  elected  at  such  elections  are  filed, 
then  a  primary  elections  shall  be  held  two  weeks 
prior  to  the  day  fixed  in  the  charter,  or  date  of 
special  election  if  such  elections  is  called,  for 
the  election  of  such  officers.  If  less  than  $uch 
num.ber  of  petitions  are  filed  then  no  such  pri- 
mary election  need  be  held,  but  th'e  pel*sons 
named  in  such  petitions  shall  be"  deemed  can- 
didates for  the  office  named,  at  the  election  to 
be  held  for  the  election  of  such  petitions  shall 
be  deemed  candidates  for  the  office  named  at 
the  eleceiton  to  be  held  for  the  election  of 
such  officers  and  the  names  of  such  candidates 
shall  be  printed  on  thei  official  ballot  to  be  used 
at  such  election  or  indicated  on  ballot  machines, 
if    such    machines    shall    be    used. 

14 


Sec.  5.  If  a  primary  election  is  held,  it  shall 
be  the  duty  of  the  Council,  in  case  df  the  nom- 
ination of  Councilmen,  and  of  the.  Board  of 
Education,  in  case  of  the  nomination  of  mem- 
bers of  said  Board,  to  provide  for  the  holding 
of  same,  shall  designate  the  precincts,  polling 
places,  appoint  officers  of  election  (which  need 
not  be  more  than  one  inspector,  one  judge  and 
one  clerk)  but  such  precincts,  polling  places  and 
officers  shall  conform  as  nearly  as  possible  to 
those  designated  and  selected  for  and  at  the 
election  of  officers  thereafter  to  follow.  In  case 
the  Council  or  Board  of  Education  fail  to  make 
the  necessary  provision  for  such  primary  elec- 
tion, then  the  Clerk  or  the  Clerk  of  the  Board 
of  Education  shall  perform  such  duties.  The 
proper  Clerk  shall  give  notice  of  such  primary 
election  and  shall  state  therein  the  names  of 
the  candidates  whose  petitions  shall  have  been 
filed  and  such  notice  shall  be  published  in  the 
official  newspaper  of  the  city  for  five  days  prior 
to  the  day  of  such  election.  He  shall  also  cause 
ballots  to  be  printed,  stating  the  office  to  be 
filled  and  the  candidates  therefor  whose  peti- 
tions have  been  filed,  printing  the  name  of  ouch 
candidates  upon  said  ballot  in  the  order  in 
which  such  petitions  shall  have  been  filed^ 
Said  ballot  shall  contain  a  direction  as  to  the 
number  of  candidates  which  one  voter  may  vote 
for,  which  shall  be  the  same  number  as  is  to 
be  elected  to  the  office  at  the  regular  election 
to  follow;  also  instructions  required  to  be 
printed  on  ballots  by  the  general  laws,  so  far  as 
such  instructions  may  be  applicable.  All  bal- 
lots cast  or  marked  contrary  to  such  instructions 
shall  be  void.  The  polls  shall  open  during  the 
same  hours  as  required  for  the  regular  election 
tnereafter  to  follow  and  in  all  respects  the 
election  shall  be  held  and  conducted,  and  the 
votes  cast  thereat  shall  be  counted  and  returns 
thereof  made  as  may  be  required  for  the  elec- 
tion at  which  ar  to  be  elected  the  officers  for 
th  nomination  of  which  the  primary  election  is 
held. 

Sec.  6.  The  returns  of  such  primary  election 
shall  be  filed  with  the  City  Clerk,  or  the  Clerk 
of  the  Board  of  Education,  as  the  case  may  be, 

15 


and  within  forty-eight  hours  thereafter  the  said 
Clerk  shall  open  and  canvass  such  return  and 
declare  the  result  of  such  election.  The  candi- 
dates to  the  number  of  twice  the  number  of 
officers  to  be  elected  at  the  regular  election  there- 
after to  follow,  receiving  the  highest  number  of 
votes  at  such  primary  election  shall  be  declared 
to  be  the  candidates  to  be  voted  for  at  the  said 
following  regular  election.  Their  names  shall 
be  ijrinted  on  the  official  ballot  to  be  used  at 
such  election  in  the  order  of  the  number  of 
votes  received  by  each  such  candidate,  the 
name  of  the  candidate  receiving  the  highest 
number  of  votes  to  be  placed  at  the  head  of  the 
list.  In  case  the  highest  number  of  votes  cast 
cannot  be  determined  by  reason  of  a  tie  between 
one  or  more  candidates,  then  the  names  of  all 
such  candidates  whose  votes  are  tied  shall  be 
placed  on  the  official  ballot.  The  names  of  all 
candidates  to  be  voted  for  thus  selected  at  the 
primary  election  shall  be  published  for  one 
week  prior  to  the  regular  election  in  the 
official    paper    of    said    city. 

ARTICLE     VI 

School     Department 

Section  1.  The  School  Department  of  the 
City  of  Richmond  shall  be  under  the  manage- 
ment and  control  of  a  Board  of  Education.  Such 
Board  shall  be  -composed  of  three  members 
who  shall  have  been  citizens  of  the  United 
States  and  residents  of  the  City  of  Richmond 
for  at  least  one  year  immediately  preceding 
their  election,  and  their  terms  of  office  shall 
be  six  years  from  ana  after  the  first  day  of  July 
next  succeeding  their  election,  except  as  herein 
othewise  provided.  Elections  for  m_embers  of 
the  Board  of  Education  shall  be  held  on  the 
first  Saturday  in  May  of  each  even  numbered 
year.  At  the  election  to  be  held  in  May,  1910, 
one  member  shall  be  elected  to  serve  for  the 
term  of  four  years  and  one  member  for  the 
term  of  six  years.  The  member  of  the  Board 
of  Trustees  of  Richmond  School  District 
elected  at  the  school  election  in  April,  1909, 
shall   be   a   member   of   the   Board    of   Education 

16 


until  July  1,  1912,  and  his  successor  shall  be 
elected  at  the  election  held  on  the  first  Satur- 
day in  May,  1912.  At  the  election  herein  pro- 
vided for,  members  of  the  Board  of  Education 
shall  be  elected  for  any  unexpired  term  that 
may  exist.  The  members  of  the  Board  shall 
receive    no    compensation. 

Sec.  2.  Until  the  election  and  qualification  of 
the  members  of  the  Board  of  Education  as  here- 
in provided  for  the  present  Trustees  of  the 
Richmond  School  District  shall  be  and  consti- 
tute the  Board  of  Education  of  the  City  of 
Richmond,  and  shall  exercise  the  powers  hereby 
conferred    thereon. 

Sec.  3.  Said  Board  of  Education  shall  have 
and  exercise  all  the  powers  conferred  upon 
Boards  of  Trustees  and  Boards  of  Education 
by  the  laws  of  the  State  of  California,  and  in 
addition   thereto    shall    have    power: 

1.  To  choose  one  of  its  members  as  Presi- 
dent of  the  Board,  fix  a  time  and  place  for 
holding  regular  meetings,  which  shall  be  pub- 
lic, provide  for  holding  special  meetings,  adopt 
rules  for  governing  its  own  proceedings,  and 
adopt   an   official    seal. 

2.  To  appoint  a  Superintendent  of  Schools 
to  serve  during  its  pleasure  and  fix  his  com- 
pensation. 

3.  To  provide  for  the  establishment  of  kin- 
dergartens, manual  training  schools,  night 
schools,  technical  schools,  and  to  prescribe  the 
studies   to   be   taught  therein. 

4.  To  construct  school  buildings  when  neces- 
sary, and  no  special  election  need  be  held  to 
authorize    such    construction. 

5.  To  provide  free  text  books  when  author- 
ized so  to  do  by  the  electors  voting  on  such 
proposition. 

6.  To  prescribe  the  requirements  for  gradu- 
ation from  the  public  schools  and  issue  cer- 
tificates   of    graduation. 

7.  To  provide  the  manner  in  which  all 
elections  shall  be  held  and  conducted  for  the 
election  of  members  of  said  Board  and  such 
special  elections  as  may  be  authorized  by  law, 
except    as    in    this    charter    otherwise    provided. 

8.  To    receive    bequests,    devises    and    dona- 

17 


tions  of  property  of  every  kind,  either  abso- 
lutely or  in  trust  for  any  purpose,  and  to  man- 
age, hold  or  dispose  of  such  property  in  ac- 
cordance with  the  terms  of  any  bequest,  de- 
vise   or    donation. 

9.  To  fill  any  vacancy  in  the  membership  of 
the  Board  by  appointment,  the  person  appointed 
to  nold  office  until  the  first  day  of  July  fol- 
lowing the  next  election  held  for  the  election 
of   members    of    such    Board. 

10.  It  shall  elect  and  fix  the  salaries  of  all 
teachers,  but  such  election  shall  be  made  only 
from  a  list  of  candidates  nominated  and  rec- 
om.mended  by  the  Superintendent, of  Schools,  but 
the  Board  may  make  rules  in  accordance  with 
which  such  nominations  and  recomipendations 
shall  be  made.  It  shall  fix  a  time  when  ^such 
election  of  teachers  shall  be  had.  .  Fqx  the 
first  two  years  of  their  service  in  /the  j^  school 
department  of  the  city,  principals  ai^jd  tipachers 
shall  be  subject  to  annual  election;  after  a 
service  of  two  years  they  may  be  elepjted^.^for  a 
term    of    three    years.  ... 

Sec.  4.  The  Superintendent  of  Schoojis  shall 
be  the  executive  officer  of  the  Board  .  of  Ejiu- 
cation  and  subject  only  to  the  orders  7|hereof, 
and  all  principals,  teachers  and  other  em- 
ployees shall  be  under  the  control  an<|,  direc- 
tion of  the  Superintendent.  He  must  examine 
and,  in  conjunction  with  the  Board,  appmye 
all  plans  for  the  construction  or  re-constru<ftion 
of  school  buildings.  He  shall  have  supervision 
of  the  course  of  instruction  and  the  discipline 
and  conduct  of  the  schools  and  recommend  all 
text  books  prior  to  their  adoption  by  the 
Board.  He  shall  act  as  Clerk  of  the  Board 
of  Education.  He  shall  assign  all  teachers  and 
principals,  and  make  such  transfers  as  may  be 
necessary  to  the  successful  operation  of  the 
schools. 

Sec.  5.  The  Board  of  Education  shall  annu- 
ally determine  the  amount  of  money  to  be 
raised  by  taxation  within  the  territory  subject  to 
taxation  for  school  purposes  for  the  main- 
tenance of  the  public  schools,  in  addition 
to  the  amount  of  money  received  from  the 
State  and  County;   and  the  Board  shall,  prior  to 

18 


the  time  of  fixing  the  rate  of  taxation  by  the 
Council,  submit  in  writing  to  the  Council  a 
careful  estimate  of  all  money  required  by  taxa- 
tion in  addition  to  the  amount  estimated  to  be 
received  from  said  State  and  County.  The 
Council  of  the  City  of  Richmond  shall,  and  it 
is  hereby  authorized  and  directed,  in  each 
year  when  fixing  the  annual  tax  rate  to  levy 
and  assess  as  a  school  tax  for  the  maintenance 
of  the  public  schools  such  amount  as  the 
Board  of  Education  shall  report  necessary  for 
the  purpose.  Whenever  high  schools  are  main- 
tained by  the  School  Department  of  the  City, 
a  like  estimate  shall  be  made  for  their  sup- 
port and  a  tax  levied  and  assessed  sufficient 
to    meet    such    estimate. 

Sec.  6,  Whenever  the  high  school  now  es- 
tablished within  the  boundaries  of  the  City 
shall,  by  law,  pass'  under  the  jurisdiction  of 
the  Board  of  Education  of  the  City  of  Rich- 
mond, the  provisions  of  this  article  shall  ap- 
ply   to    its    management. 

Sec.  7.  All  moneys  raised  by  taxation  within 
the  City  for  the  support  of  the  public  schools 
shall  be  kept  in  a  separate  fund  from  all 
other  funds,  and  shall  be  used  exclusively  for 
the  purpose  for  which  the  tax  is  levied.  All 
demands  payable  out  of  such  fund  shall  be 
allowed  by  the  Board  of  Education  and  cer- 
tified to  the  City  Auditor,  who  shall  draw  a 
warrant    therefor    upon    such    school    fund. 

ARTICLE    VII 
Police    Court 

Section  1.  There  is  hereby  created  in  and 
for  the  City  of  Richmond  a  Court  which  shall 
be  known  as  the  Police  Court  of  the  City  of 
Richmond.  Said  Court  shall  consist  of  one 
Judge,  who  shall  be  appointed  by  the  Council 
and  who  shall  serve  during  its  pleasure  and 
who  shall  receive  such  compensation  as  the 
Council    shall    determine. 

Sec.  2.  Said  Court  shall  have  exclusive  juris- 
diction: 

(1)  In  all  prosecutions  for  violations  of  the 
city    ordinances. 

19 


(2)  In  all  actions  for  the  recovery  of  any 
fine,  penalty  or  forfeiture,  and  the  enforcement 
of  any  obligation  or  liability  prescribed  or  cre- 
ated by  the  city  ordinances  and  in  which  the 
sum  sued  for  does  not  amount  to  three  hundred 
dollars. 

Sec.  3.  Within  the  city  limits  said  Court 
shall  have  concurrent  and  co-ordinate  jurisdic- 
tion with  township  justices'  courts  in  all  mat- 
ters and  things  in  which  said  justices'  courts 
now  or  may  hereafter  have  jurisdiction;  and 
the  Judge  of  said  Police  Court  shall  have  as 
aforesaid  like  authority  power  and  jurisdiction 
as    the    justices    of    said    justices'    court. 

Sec.  4.  Appeals  may  be  taken  to  the 
Superior  Court  of  the  State  of  California,  in 
and  for  the  County  of  Contra  Costa,  from  the 
judgments  and  orders  of  said  Police  Court,  in 
all  cases  in  which  appeals  now  are  or  may 
hereafter  be  provided  by  law  to  be  taken  to 
said  Superior  Court  from  said  justices'  courts 
and    police    courts. 

Sec.  5.  In  all  proceedings  in  and  appeals  from 
said  Police  Court,  the  pleadings,  practice,  pro- 
cedure and  laws  now  applicable  or  that  may 
hereafter  be  made  applicable  to  said  justices' 
or  police  courts,  are  hereby  adopted  and  made 
apDlicable    to    said    Police    Court. 

Sec.  6.  All  fines  and  other  moneys  received 
or  collected  by  the  Judge  of  said  Police  Court 
for  or  on  account  of  the  City  of  Richmond, 
shall  be  paid  into  the  city  treasury  on  the 
first    Monday    in    each    month. 

Sec.  7.  All  actions  and  proceedings  pendin?? 
and  undetermined  in  the  existing  Recorder'^ 
Court  of  the  City  of  Richmond  shall  be  pro- 
ceeded with,  heard,  tried  and  determined  in 
said  Police  Court  hereby  provided  for  and  be- 
fore said  Judge,  the  same  as  if  said  actions 
or  proceedings  had  been  originally  commenced 
in    said    Police    Court. 

Sec.  8.  Nothing  in  this  charter  shall  be  so 
construed  as  to  prevent  a  Justice  of  the  Peace 
from    holding    the    office    of    Police    Judge. 


20 


ARTICLE    VIM 

The     Recall     Initiative    and     Referendum 

Section  1.  The  holder  of  any  elective  office 
may  be  removed  by  the  electors  qualified  to 
vote  for  the  successor  of  the  officer  sought  to 
be  removed.  The  procedure  to  effect  the  re- 
moval of  an  incumbent  of  an  elective  office 
shall  be  as  follows:  A  petition  signed  by 
electors  entitled  to  vote  for  a  successor  to 
the  incumbent  sought  to  be  removed,  equal  in 
number  to  at  least  twenty-five  per  centum  of 
the  entire  vote  cast  at  the  last  preceding  gen- 
eral municipal  election,  demanding  an  election 
of  a  successor  of  the  person  sought  to  be  re- 
moved, shall  be  filed  with  the  clerk,  and  said 
petition  shall  contain  a  general  statement  of 
the   grounds   for  which   the  removal   is   sought. 

The  signatures  to  the  petition  need  not  all 
be  appended  to  one  paper,  but  said  petition 
may  be  presented  in  sections.  The  number  of 
rigratures  to  each  section  shall  be  at  the 
pleasure  of  the  person  soliciting  signatures  to 
Ihe  same.  Any  qualified  voter  or  taxpayer  of 
the  municipality  shall  be  competent  to  solicit 
said  signatures.  Each  section  shall  have  at- 
tached thereto  the  affidavit  of  the  person  solicit- 
ing signatures  to  the  same,  stating  that  all  the 
signatures  to  the  attached  section  were  made 
in  his  presence,  and  that  to  the  best  of  his 
knowledge  and  belief  each  signature  to  the 
section  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereunto  sub- 
scribed, and  no  other  affidavit  thereto  shall  be 
required.  Each  signature,  the  genuineness  of 
which  is  not  called  in  question  by  the  sworn 
affidavit  of  the  alleged  owner  thereof,  shall  be 
presumed  to  be  genuine.  Unless  and  until  it 
be  proven  otherwise  by  official  investigation, 
it  shall  be  presumed  that  the  petition  pre- 
sented contains  the  signatures  of  the  requisite 
number  of  qualified  voters.  Each  signer  of  said 
petition  shall  add  to  his  signature  his  place  of 
residence,    giving    the    street    and    number. 

Within  ten  days  from  the  date  of  filing  such 
petition  the  clerk  shall  examine  and  ascertain 
from     the    records    of    registration    whether    or 

21 


not  said  petition  is  signed  by  the  requisite  num- 
ber cf  electors  entitled  to  vote,  and  if  neces- 
sary the  Council  shall  allow  the  clerk  extra 
help  for  that  purpose,  and  the  clerk  shall  at- 
tach to  said  petition  his  certificate  showing 
the  result  of  said  examination.  If,  by  the  said 
certificate,  the  petition  is  shown  to  be  insuffi- 
cient, it  may  be  amended  by  additional  signa- 
tures within  ten  days  from  the  date  of  said 
certificate.  The  clerk  shall,  within  ten  days 
after  such  amendment,  make  like  examination 
of  the  amended  petition  and  if  his  certificate 
shall  show  the  same  to  be  insufficient,  it  shall 
be  returned  to  the  person  filing  the  same  with- 
out prejudice,  however,  to  the  filing  of  a  new 
petition    to    the    same    effect. 

If  the  petition  shall  be  found  to  be  sufficient, 
the  clerk  shall  submit  the  same  to  the  Council 
without  delay,  and  the  Council  shall  thereupon 
order  and  fix  a  date  for  holding  the  said  elec- 
tion, not  less  than  thirty  days  nor  more  than 
forty  days  from  the  date  of  the  clerk's  certifi- 
cate to  the  Council  that  a  sufficient  petition  is 
filed. 

All  arrangements  for  said  election  shall  be 
made  and  the  same  shall  be  conducted,  re- 
turned, and  the  results  thereof  declared,  in  all 
respects  as  are  all  other  municipal  elections; 
provided,  that  if  there  be  any  conflict  of  pro- 
visions,   this    charter    shall    control. 

Any  person  sought  to  be  removed  may  be  a 
candidate  to  succeed  himself,  and,  unless  he  re- 
quests otherwise,  in  writing,  the  clerk  shall 
place  his  name  on  the  official  ballot  without 
nomination.  In  any  such  removal  election,  the 
candidate  receiving  the  highest  number  of 
votes  shall  be  declared  elected.  At  such  elec- 
tion, if  some  person  other  than  the  incumbent 
receives  the  highest  number  of  votes,  the  in- 
cumbent shall  thereupon  be  deemed  removed 
from  his  office  upon  qualification  of  his  suc- 
cessor. The  successor  of  any  officer  so  re- 
moved shall  hold  office  during  the  unexpired 
term  of  his  predecessor.  In  case  the  party 
who  receives  the  highest  number  of  votes  shall 
fail  to  qualify  within  ten  days  after  receiving 
notification     of     election     the     office     shall     be 

22 


deemed  vacant.  If  the  incumbent  receives  the 
highest  number  of  votes  he  shall  continue  in 
office.  In  case  more  than  one  Councilman  is 
sought  to  be  removed,  whose  term  shall  not 
expire  at  the  same  time,  there  shall  appear  on 
the  ballot  the  date  of  the  expiration  of  the 
respective  terms  and  the  offices  of  the  council- 
men  to  be  elected  for  such  different  terms 
shall  be  deemed  separate  and  distinct  offices 
to    be    filled    at   such    election. 

Sec.  2.  Any  proposed  ordinance  may  be  sub- 
mitted to  the  Council  by  a  petition  signed  by 
qualified  and  registered  electors  of  the  city 
equal  in  number  to  the  percentage  hereinafter 
required.  The  petition  shall  set  forth  a  copy 
cf  the  proposed  ordinance,  and  the  form  of  such 
petition,  signatures,  verifications,  and  duties  of 
the  clerk  in  respect  thereto,  provided  in  section 
1  of  this  article  for  petitions  for  recall  shall 
apply    to    petitions    of    initiative. 

If  the  petition  accompanying  the  proposed  or- 
dinance be  signed  by  qualified  and  registered 
electors  equal  in  number  to  ten  per  cent  of  the 
entire  vote  cast  at  the  last  preceding  general 
municipal  election,  the  Council  must  either  pass 
such  ordinance  without  alteration  or  submit  the 
same  to  the  electorate  at  the  next  regular  munici- 
pal election  that  shall  occur  at  any  time  after 
sixty  days  from  the  date  of  the  clerk's  certifi- 
cate of  sufficiency.  But  if  such  petition  is 
signed  by  qualified  and  registered  electors  equal 
in  number  to  twenty-five  per  cent  of  said  votes 
and  contains  a  request  that  such  ordinance  be 
submitted  to  a  vote  of  the  people  at  a  special 
election,  then  the  Council  must  either  pass  the 
ordinance  without  alteration  or  submit  the  same 
to  the  electorate  at  a  special  election  to  be 
called  within  sixty  days  from  the  filing  of  such 
petition. 

The  ballots  used  when  voting  upon  such  pro- 
posed ordinance  shall  contain  the  words:  **For 
the  Ordinance,"  and  "Against  the  Ordinance" 
(stating  the  nature  of  the  proposed  ordinance). 
If  a  majority  of  the  qualified  electors  voting  on 
said  proposed  ordinance  shall  vote  in  favor 
thereof  such  ordinance  shall  thereupon  become 
a  valid  and  binding  ordinance  of  the  city.     The 

23 


Council  may  at  such  election  submit  any  amend- 
m.ent  thereto  that  it  may  deem  proper  and  the 
ballots  used  at  such  election  shall  contain  the 
words:  "For  the  amendment,"  or  "Against  the 
amendment"  of  ordinance  (naming  the  ordi- 
nance), and  also  stating  the  nature  of  the  pro- 
posed amendment.  If  a  m.ajority  of  the  quali- 
fied electors  voting  on  said  proposed  amend- 
ment shall  vote  in  favor  thereof,  such  ordi- 
nance shall  thereupon  be  deemed  amended  in 
accordance  therewith.  The  Council  may  also 
propose  and  submit  any  ordinance  to  the  elec- 
tors, and  such  ordinance,  upon  receiving  a 
majority  of  the  votes  of  the  electors,  voting 
thereon,  shall  be  deemed  to  have  been  adopted 
and  shall  be  the  valid  and  binding  ordinance 
of  the  city.  Any  ordinance  adopted  by  the 
electors  under  the  provisions  of  this  article 
cannot  be  repealed  or  amended,  except  by  a 
vote  of  the  people  obtained  in  the  manner  here- 
inbfore  stated,  unless  such  ordinance  shall 
otherwise    provide. 

Any  number  of  proposed  ordinances  may  be 
voted  upon  at  the  same  election  in  accordance 
with  the  provisions  of  this  sections;  provided, 
that  there  shall  not  be  held  under  this  section 
of  the  charter  more  than  one  special  election 
in   any   period    of   twelve   months. 

Sec.  3.  Any  ordinance  or  resolution  other 
than  such  as  may  be  reauired  to  be  passed  p.t 
a  particular  time  or  for  the  purpose  of  comply- 
ing with  a  charter  or  statutory  law  and  ex- 
cepting such  ordinance  as  may  be  declared  by 
the  Council  to  be  necessary  as  an  emergency 
measures  for  the  imTT»ediate  preservation  of 
the  public  peace  health  or  safety  rhall  be 
subject  to  a  referendum  as  herein  provided; 
provided  further  that  the  petition  for  such 
referendum  be  filed  within  ^hirty  days  from 
the  final  passage  of  such  ordinance  or  resolu- 
tion. 

Whenever  a  petition  shall  be  presented  to  the 
Council  asking  that  a  particular  ordinance 
named  therein  be  submitted  to  a  vote  of  the 
electors,  and  signed  as  required  for  an  initia- 
tive petition  in  section  2  of  this  article,  it  shall 
be   the  duty   of  the   Council   to   submit  the   ques- 

24 


tion  of  the  approval  or  rejection  of  such  or- 
dinance or  resolution  to  the  electors  at  a  regu- 
lar or  special  election,  and  until  such  election  is 
held  and  the  ordinance  approved  by  the  elec- 
tors, the  provisions  of  such  ordinance  or  reso- 
lution   shall    be    suspended    and    inoperative. 

All  the  proceedings  relative  to  the  submission 
of  ordinances  by  initiative  shall  apply  to  ordi- 
nances submitted  by  a  referendum  petition,  and 
the  vote  thereon  shall  be  of  the  same  force  and 
effect   as   provided   in   section   2. 

ARTICLE    IX 

Miscellaneous 

Section  1.  The  ordaining  clause  of  all  ordi- 
nances adopted  by  the  Council  shall  be:  "The 
Council  of  the  City  of  Richmond  do  ordain  as 
follows,'*  and  the  ordaining  clause  of  all  ordi- 
nances adopted  in  accordance  with  the  pro- 
visions of  Article  VIII  shall  be:  "The  People 
of  the  City  of  Richmond  do  ordain   as  follows." 

Sec.  2.  The  electors  may  ill  form  and  man- 
ner prescribed  in  section  2  of  Article  VIII,  pro- 
vide the  manner  in  which  any  municipal  power 
may  be  exercised  and  restrict  the  power  of 
the    Council    in    respect    thereto. 

Sec.  3.  No  officer  of  the  city  shall  be  inter- 
ested in  any  contract  entered  into  by  the  city, 
and  the  general  laws  of  the  State  forbidding 
city  officials  to  be  so  interested  are  hereby  made 
a    part    of    this    charter. 

Sec.  4.  No  member  of  the  Council  shall  hold 
any  other  municipal  office,  or  hold  any  other 
office  or  employment,  the  compensation  of  which 
is  paid  out  of  the  municipal  moneys;  or  be 
elected  or  appointed  to  any  office  created  or 
the  compensation  of  which  is  increased  by  the 
Council  while  he  was  a  member  thereof,  until 
one  year  after  the  expiration  of  the  term  for 
which   he   was   elected. 

Sec.  5.  No  person,  firm  or  corporation  shall 
ever  exercise  any  franchise,  license,  permit, 
easement,  privilege  or  other  use,  except  in  so 
far  as  he  or  it  may  be  entitled  to  do  so  by 
direct  authority  of  the  Constitution  of  the  State 
of  California,  or  of  the   Constitution  or   laws   of 

25 


the  United  States,  in,  ui;)tih7'*^(6vler,  under  or 
along  any  street,  s  highway  or  public  place  in 
the  city  unless  he 'or  it  shall  have  first  ob- 
tained a  grant  therefor  in  ia;fe'(^rdance  with  the 
provisions   of   this    chariter^fe-^^^^-  ''^-'' '^l     '^ 

Sec.  6.  The  Council  shall  ^pulfllgH  k'nnually 
a  financial  report  of  the  city  and  f u¥iif^  a  co^y 
thereof  to  each  tax-payef^^-  whose  '*kddress  is 
known.  '-ff    i^M'^')^ 

Sec.  7.  Liens  for  taxes  levied  and  to  be 
levied  shall  attach  to  the  property  charged 
therewith  on  the  first  Monday  in  March  at 
12    o'clock   M.  '    "       ' 

Sec.  8.  No  bonded  indebted'nesi^  shall  be 
incurred  unless  the  same  shall  •  l5i'e  first  au- 
thorized by  a  vote  of  two^hit-ds''bf  trie  'selec- 
tors voting  at  an  election  held  fQl*^  the  pur- 
pose of  voting  on  the  proposition  to  Mcur  such 
indebtedness;  and  no  indebtedness  inciurred  for 
the  purpose  of  improving  the  water  ^front  Shall 
at  any  time  exceed  six  per  cent  of  the  assessed 
value   of   the   property   within    the   citj^?-^'-''''^ 

.  „•-!   -Hi:  m 
ARTICLE      X  .,..     ■,;  ^i*:^^    »«^     ''.^..-  .. 

This  charter  shall  take  effect  at  '  ifcjbn  on 
July  1,  1909;  provided  that  all  provisions  rela; 
five  to  elections  and  the  nomination  of  candi- 
dates for  public  office  shall  be  operative  upiph 
the  approval  of  this  charter  by  the  Legislatijr'i, 
and  the  Board  of  Trustees  of  the  City  of  Rich- 
mond is  hereby  directed  to  provide  for  all 
elections  to  be  held  prior  to  the  first  day  of 
July,  1909,  and  to  issue  certificates  of  election 
to  the  persons  elected  to  the  office  of  Council- 
man. 

All  of  the  officials  of  the  City  of  Richmond  iri 
office  at  the  time  this  charter  takes  effect 
shall  continue  to  perform  the  duties  now  re- 
quired of  them  until  their  successors  are  ap- 
pointed and  qualified  as  in  this  charter  pro- 
vided. 


CERTIFICATE 

WHEREAS,  The  City  of  Richmond,  a  city 
containing  a  population  of  more  than  three 
October,   1908,   at   a   special   election   held   under 

26 


thousand  five  hundred  and  less  than  ten 
thousand  inhabitants  on  the  twelfth  day  of 
and  in  accordance  with  the  provisions  of  sec- 
tion 8  of  article  XI  of  the  Constitution  of  the 
State  of  California,  did  elect  F.  E.  Adams,  C.  L. 
Aobott,  C.  R  Blake,  L.  Boswell,  L.  D.  Dimm, 
E.  A.  Govve,  E.  J.  Garrard,  G.  A.  Follett,  L.  S. 
Higgins,  I.  E.  Marshall,  I.  M.  Perrin,  E.  M. 
Tilden,  H.  H.  Ttirley,  H.  E.  Wyatt  and  John 
Roth  a  Board  of  Freeholders  to  prepare  and 
propose    a   charter   for    said    city; 

BE  IT  KNOWN,  That  pursuant  to  the  pro- 
visions of  the  Constitution  and  within  a  period 
of  ninety  days  after  said  election,  said  Board 
cf  Freeholders  has  prepared  and  does  propose 
the  foregoing  as  and  for  the  charter  of  the  City 
of    Richmond^ 

IN   WITNESS   WHEREOF,   We   have   hereunto 
set  our  hands   this  23rd  day  of  December,   1908. 
H.     E.    WYATT, 
President  of  the   Board   of  Freeholders; 
C.    L.    ABBOTT, 
•  jto     ua.i^i      F.     E.     ADAMS, 
;..!-  L.     BOSWELL, 

L.    D.    DIMM, 
G.    A.     FOLLETT, 
E.    J.    GARRARD, 
I  E.    A     GOWE, 

I.    E.     MARSHALL, 

JOHN    ROTH, 

H.    H.    TURLEY, 

E.    M.     TILDEN, 

CHAS.    R.    BLAKE,    M.    D., 

L.     S.     HIGGINS. 

Attest: 

J.     S.     CHANDLER, 
Secretary    Board    of    Freeholders. 

Filed  this  28th  day  of  December,  1908,  at 
12:30   p.   m. 

J.    B.    WILLIS, 

President  of  the   Board   of  Trustees  of  the   City 

of    Richmond,    California. 


27 


STATE    OF    CALIFORNIA,    ] 
County    of    Contra    Costa,     iss. 
City   of   Richmond.  J 

I,  H.  H.  Turley,  City  Clerk  in  and  for  the  City 
of  Richmond,  hereby  certify  that  the  Board  of 
Trustees  of  said  City,  did  by  Resolution  No. 
158,  order  the  foregoing  charter  published  in 
the  manner  and  form  required  by  law. 

In  witness  whereof  I  have  hereunto  set  my 
hand  and  affixed  the  corporate  seal  of  the  City 
of   Richmond,   this   29th   day   of   December,    1908. 

(Seal)  H.    H.    TURLEY, 

City    Clerk. 


MEMORANDUM 

The  first  publication  of  the  foregoing  charter 
was  made  on  Tuesday,  December  29th,  1908,  in 
accordance  with  a  resolution  adopted  by  the 
Board  of  Trustees  of  the  City  of  Richmond,  in 
the  "Richmond  Record,"  a  daily  newspaper  of 
general  circulation,  printed,  published  and  cir- 
culated   in    said    city. 

STATE     OF     CALIFORNIA,    1 
County    of    Contra    Costa,      iss. 

City    of    Richmond  J  ^ 

I,  J.  B.  Willis,  President  of  the  Board  of 
Trustees  of  the  City  of  Richm.ond,  State  of  Cali- 
fornia, and  I,  H.  H.  Turley,  Clerk  of  said 
Board,  do  hereby  certify  that  the  Board  of 
Freeholders,  whose  names  appear  signed  to  the 
foregoing  proposed  charter,  were  on  the  12th 
day  of  October,  1908,  at  a  special  municipal 
election  held  in  said  City  of  Richmond  on  said 
day  duly  elected  by  the  qualified  electors  of 
said  city  to  prepare  and  propose  a  charter  for 
said  city;  that  each  of  said  freeholders  had  been 
a  qualified  elector  in  said  city  for  more  than 
five  (5)  years  previous  to  said  election;  that 
the  foregoing  is  a  true  copy  of  said  charter 
prepared  and  returned  to  the  president  of  said 
Board  of  Trustees  within  ninety  (90)  days  after 
said  election,  as  required  by  section  8  of  article 
XI   of  the   Constitution   of   this   State;    that   said 

28 


proposed  charter  was  then  published  in  the 
"Richmond  Record,"  which  then  was  a  daily 
newspaper  of  general  circulation,  printed  and 
l>ublished  in  said  city,  and  that  publication  was 
made  for  more  than  twenty  (20)  days,  and  that 
the  first  publication  of  said  proposed  charter 
was  made  within  twenty  (20)  days  after  the 
com.pletion  of  said  charter;  that  within  thirty 
(30)  days  after  the  publication  of  said  charter, 
as  required  in  said  section  8,  to-wit,  on  the  9th 
day  of  February,  1909,  said  charter  was  sub- 
mitted at  a  special  election  duly  called  and  held 
therein  for  the  purpose  of  ratifying  or  rejecting 
said  proposed  charter;  that  by  a  majority  of  the 
votes  of  the  qualified  electors  voting  at  said 
election  said  proposed  charter  was  ratified  as 
a  whole;  that  the  returns  of  said  election  was 
duly  canvassed  by  the  Board  of  Trustees  of 
said  City  of  Richmond  on  the  9th  day  of  Feb- 
ruary, 1909,  and  the  result  thereof  declared  as 
above  set  forth;  and  that  in  all  matters  and 
things  pertaining  to  said  proposed  charter,  all 
provisions  of  said  section  of  the  Constitution  and 
the  laws  of  the  State  of  California  pertaining 
to  the  adoption  of  the  charter  have  been  fully 
complied    with    in    every    particular. 

IN  WITNESS  WHEREOF,  We  have  hereunto 
set  our  hands  and  caused  the  corporate  seal  of 
said  City  of  Richmond  to  be  affixed  this  9th 
day    of    February,    1909. 

J.    B.    WILLIS, 
(Seal)  President  of  the  Board  of  Trustees 

of   the    City   of   Richmond^ 

H.    H.    TURLEY, 
Clerk   of   said   Board   of   Trustees 
and   said   City   of   Richmond. 

And,  WHEREAS,  said  proposed  charter,  so 
ratified,  has  been  duly  presented  and  submitted 
to  the  Legislature  of  the  State  of  California  for 
approval  or  rejection,  without  power  of  altera- 
tion or  amendment,  in  accordance  with  section 
S  of  article  XI  of  the  Constitution  of  the  State 
of    California; 

Now,  therefore,   be   it 

Resolved    by    the    Assembly    of    the    State    of 

29 


California,  the  Senate  tliereof  concurring  (a 
majority  of  all  the  members  elected  to  each 
house  voting  for  the  adoption  of  this  resolution 
and  concurring  therein)  that  said  charter  of  the 
City  of  Richmond,  as  presented  to,  adopted  anl 
ratified  by  the  qualified  electors  of  said  city,  be, 
and  the  same  is  hereby,  approved  as  a  whole 
as  and  for  the  charter  of  the  said  City  of 
Richmond. 

P.     A.     STANTON, 

Speaker  of  the  Assembly. 


Attest: 


W.    R.    PORTER, 

President    of    the    Senate. 


F.    CURRY, 

Secretary   of    State. 


Filed  in  the  office  of  the  Secretary  of  State 
the  4th  day  of  March,  A.  D.  1909,  at  10:50 
o'clock  A.   M. 

C.    F.    CURRY, 

Secretary    of    State. 

By   J     HOESCH.   Deputy. 
STATE    OF    CALIFORNIA, 
County    of    Contra    Costa 
City    of    Richmond. 

I,  J.  B.  Willis,  President  of  the  Board  of 
Trustees  of  the  City  of  Richmond  and  chief 
executive  officer  of  said  city,  do  hereby  certify 
that  the  foregoing  charter  was  submitted  to  the 
qualified  electors  of  said  city  at  a  special  elec- 
tion duly  called  and  held  therein  for  the  pur- 
pose of  ratifying  or  rejecting  same  on  the  9th 
day  of  February,  1909,  and  that  by  a  majority 
of  votes  of  qualified  electors,  voting  at  said 
election,  said  charter  was  ratified  as  a  whole; 
that  the  returns  of  said  election  were  duly  can- 
vassed by  the  Board  of  Trustees  of  the  City  of 
Richmond  on  the  9th  day  of  February,  1909, 
and  the  result  thereof  declared  as  above  set 
forth;  that  in  all  matters  and  things  pertaining 
to  said  proposed  charter,  all  provisions  of  sec- 
tion  8   of  article   XI   of   the   Constitution   of   the 

30 


state  of  California,  pertaining  to  the  adoption  of 
the  charter,  have  been  fully  complied  with  in 
every    particular. 

IN  WITNESS  WHEREOF,  I  have  hereunto 
set  my  hand  and  caused  the  corporate  seal  of 
the  City  of  Richmond  to  be  affixed  this  24th  day 
cf   March,    1909. 

(Seal)  J.    B.   WILLIS, 

President    of    the    Board    of    Trustees    and    chief 
executive    officer    of    the    City    of    Richmond. 

Attest: 

H.    H.    TURLEY, 
City    Clerk    of    said    City    of    Richmond. 

Recorded    at    the    request    of    H.    H.     Turley, 
March    26th,    A.     D.     1909,     at    30    min.     past     9 
A.     M.     in     Vol.     5     of     Miscellaneous,     page     1, 
Records    of    Contra    Costa    County. 
M.    H.    HURLEY, 

County   Recorder. 

Piled    April    5,    1909. 

H.     H.     TURLEY, 
City   Clerk   cf   Richmond,    Cal. 


•  •«••     *•    •«• 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  50  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.00  ON  THE  SEVENTH  DAY 
OVERDUE. 


OCT    6  ^93^ 
mAB  241943 

MAR  13  1947 


-Xa 


ySQFW 


TEB^eTSSr 


YA  01046 


:iyo049 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


